Mitigation Proposals that would Impede Plan Implementation Sample Clauses

Mitigation Proposals that would Impede Plan Implementation. ‌ If land acquisitions intended to fulfill mitigation requirements under ESA, CESA, section 1602 of the California Fish and Game Code, or CEQA for a non-covered project is proposed in the Reserve Acquisition Area, the Wildlife Agencies will confer with the PCA to ensure that the acquisition will not conflict with the Plan or impede the Permittees' ability to meet Plan requirements. For example, CDFW may not be able to make required findings under CESA if issuance of a CESA permit conflicts with the HCP/NCCP. If a land acquisition intended to fulfill mitigation requirements will conflict with the Plan or impede the Permittee's ability to meet Plan requirements, the applicable Wildlife Agency(ies) will work with the applicant to design and implement alternative mitigation measures that will avoid such conflict or impediment. For example, if a land acquisition within the Reserve Acquisition Area is proposed to fulfill mitigation requirements for a non-Covered Activity, and the land proposed for acquisition is needed to fulfill compensatory mitigation requirements for Covered Activities, the applicable Wildlife Agency(ies) will work with the applicant to design and implement alternative mitigation measures . Such alternative mitigation measures may include, but are not limited to: • Use of Wildlife Agency approved mitigation banks and conservation banks that have a service area boundary that includes the non-Covered activity; • Compensatory mitigation on lands outside the Plan Area (including lands within the limits of non-participating cities) • Additional onsite avoidance; and • Onsite restoration.
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Related to Mitigation Proposals that would Impede Plan Implementation

  • Private Letter Ruling or Change or Clarification of Law At Interconnection Customer’s request and expense, Transmission Owner shall file with the IRS a request for a private letter ruling as to whether any property transferred or sums paid, or to be paid, by Interconnection Customer to Transmission Owner under this GIA are subject to federal income taxation. Interconnection Customer will prepare the initial draft of the request for a private letter ruling, and will certify under penalties of perjury that all facts represented in such request are true and accurate to the best of Interconnection Customer’s knowledge. Transmission Owner and Interconnection Customer shall cooperate in good faith with respect to the submission of such request. Transmission Owner shall keep Interconnection Customer fully informed of the status of such request for a private letter ruling and shall execute either a privacy act waiver or a limited power of attorney, in a form acceptable to the IRS, that authorizes Interconnection Customer to participate in all discussions with the IRS regarding such request for a private letter ruling. Transmission Owner shall allow Interconnection Customer to attend all meetings with IRS officials about the request and shall permit Interconnection Customer to prepare the initial drafts of any follow-up letters in connection with the request.

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